CIVIL LIABILITY FOR PRODUCTIVE DEVIATION: A CASE STUDY TO IDENTIFY THE POSITIONING OF THE SÃO PAULO COURT OF JUSTICE IN THE APPLICATION OF THE CONSUMER PRODUCTIVE DEVIATION THEORY
DOI:
https://doi.org/10.5902/1981369438045Keywords:
Civil liability, Court of Justice of São Paulo, Consumer Productive Deviation Theory, Waste of time in consumer relations.Abstract
The study aims to answer the following research problem: is it possible to identify a jurisprudential evolution in the application of the Consumer Productive Deviation Theory in the Court of Justice of São Paulo? To achieve the goal, it is necessary to discuss the banalization of civil liability to temporal damage and, finally, identify how the protection of time occurs in practical terms, with the data collection of the Court of Justice of São Paulo (TJSP) regarding the application of Consumer Productive Deviation Theory. The methodology approach is qualitative and descriptive, using the quantitative support as a complementary mechanism for numerical measurement of observed phenomena. The choice of the TJSP is justified because it is the first Brazilian Court to recognize, in legal precedents, the responsibility for the productive deviation and to consider time as an indemnifying legal right. It is concluded that it is possible to identify a growing jurisprudential evolution in the application of the Consumer Productive Deviation Theory, especially in the last four years, which reveals a valuation of the vital time.
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Este obra está licenciado com uma Licença Creative Commons Atribuição-NãoComercial-SemDerivações 4.0 Internacional.



